ISSN 1725-2423

Official Journal

of the European Union

C 19

English edition

Information and Notices

Volume 48
22 January 2005

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 019/1

Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-164/01 P G. van den Berg v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producers having entered into a non-marketing undertaking — SLOM producers — Change of holding — Refusal to grant a special reference quantity)

1

2005/C 019/2

Judgment of the Court (Third Chamber) of 2 December 2004 in Case C-41/02: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) — Foodstuffs to which vitamins or mineral salts have been added — National legislation making their marketing subject to there being a nutritional need — Measures having equivalent effect — Justification — Public health — Proportionality)

1

2005/C 019/3

Judgment of the Court (First Chamber) of 11 November 2004 in Case C-372/02 (reference for a preliminary ruling from the Bundessozialgericht): Roberto Adanez-Vega v Bundesanstalt für Arbeit (Regulation (EEC) No 1408/71 — Determination of the applicable legislation — Unemployment benefits — Conditions governing aggregation of periods of insurance or employment — National measure not taking into account a period of compulsory military service completed in another Member State)

2

2005/C 019/4

Judgment of the Court (Grand Chamber) of 30 November 2004 in Case C-16/03 (reference for a preliminary ruling from the Hovrätten över Skåne och Blekinge): Peak Holding AB v Axolin-Elinor AB (Trade marks — Directive 89/104/EEC — Article 7(1) — Exhaustion of the rights conferred by a trade mark — Putting on the market of the goods in the EEA by the proprietor of the trade mark — Concept — Goods offered for sale to consumers and then withdrawn — Sale to an operator established in the EEA with the obligation to put the goods on the market outside the EEA — Resale of the goods to another operator established in the EEA — Marketing in the EEA)

3

2005/C 019/5

Judgment of the Court (Third Chamber) of 2 December 2004 in Case C-42/03: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Conservation and management of resources — Control measures for fishing activities)

3

2005/C 019/6

Judgment of the Court (First Chamber) of 25 November 2004 in Case C-109/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): KPN Telecom BVv Onafhankelijke Post en Telecommunicatie Autoriteit (OPTA) (Telecommunications — Directive 98/10/EC — Application of open network provision to voice telephony — Supply of information on subscribers — Determination of prices)

4

2005/C 019/7

Judgment of the Court (Second Chamber) of 2 December 2004 in Case C-226/03 P: José Martí Peix SA v Commission of the European Communities (Appeal — Fisheries — Community financial aid — Reduction of the aid — Council Regulation (EC, Euratom) No 2988/95 — Articles 1 and 3 — Limitation period)

5

2005/C 019/8

Judgment of the Court (Fifth Chamber) of 17 June 2004 in Case C-255/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Free movement of goods — Measures having equivalent effect — Label of quality and origin — ‘Walloon label of quality’)

5

2005/C 019/9

Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-398/03 (reference for a preliminary ruling from the Helsingin Hallinto-Oikeus): E. Gavrielides Oy (Directive 90/642/EEC — Maximum levels for pesticide residues — Vine leaves)

5

2005/C 019/10

Judgment of the Court (Fifth Chamber) of 25 November 2004 in Case C-447/03 Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Factory site and waste in province of Foggia — Directive 75/442/EEC amended by Directive 91/156/EEC — Articles 4 and 8)

6

2005/C 019/11

Judgment of the Court (Sixth Chamber) of 28 October 2004 in Case C-16/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 89/654/EEC — Protection of workers — Safety and health of workers in the workplace — Emergency doors, windows and skylights — Failure to transpose)

6

2005/C 019/12

Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-48/04: Commission of the European Communities v Portuguese Republic (Failure to fulfil obligations — Directive 2000/76/EC — Incineration of waste — Failure to transpose)

7

2005/C 019/13

Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-85/04: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding-up of insurance undertakings — Failure to transpose within the prescribed period)

7

2005/C 019/14

Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-87/04: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding-up of insurance undertakings — Failure to transpose within the prescribed period)

8

2005/C 019/15

Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-91/04: Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil its obligations — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Failure to transpose within the prescribed period)

8

2005/C 019/16

Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-97/04 Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 2000/76/EC — Incineration of waste — Failure to transpose)

8

2005/C 019/17

Order of the Court (Second Chamber) of 29 October 2004 in Case C-360/02 P: Carlo Ripa di Meana v European Parliament (Appeal — Former member of the European Parliament — Provisional retirement pension scheme — Suspension of payment of the pension following the election of that member as a regional councillor — Action for annulment — Confirmatory act — Inadmissibility — Appeal manifestly unfounded)

9

2005/C 019/18

Order of the Court (Second Chamber) of 14 October 2004 in Case C-288/03 P: Bernard Zaoui and Others v Commission of the European Communities (Non-contractual liability of the Community — Appeal in part manifestly unfounded and in part manifestly inadmissible)

9

2005/C 019/19

Order of the Court (Fifth Chamber) of 1 October 2004 in Case C-379/03 P: Rafael Pérez Escolar v Commission of the European Communities (Appeal — State aid — Action for declaration of failure to act — Locus standi — Admissibility of the action)

10

2005/C 019/20

Order of the Court (Fourth Chamber) of 29 October 2004 in Case C-18/04 P: Grégoire Krikorian and Others v European Parliament, Council of the European Union, Commission of the European Communities (Appeal — Non-contractual liability of the Community — Action for damages — Appeal in part manifestly inadmissible and in part unfounded)

10

2005/C 019/21

Case C-456/04: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per la Sicilia by decision of that court of 20 July 2004 in the case of Agip Petroli SpA against Capitaneria di Porto di Siracusa, Capitaneria di Porto di Siracusa, Sezione Staccata di Santa Panagia, Ministero delle Infrastrutture e dei Trasporti, interested party (for the applicant): Arbix Diamone Shipping

10

2005/C 019/22

Case C-458/04: Reference for a preliminary ruling by the First Chamber of the Tribunal administratif de Caen, by judgment of that court dated 5 October 2004, in the case of Chambre de commerce et d'industrie de Flers-Argentan against Directeur des services fiscaux, Dircofi Ouest

11

2005/C 019/23

Case C-463/04: Reference for a preliminary ruling by the Tribunale Amministrative Regionale per la Lombardia, Milano, by order of that court of 29 September 2004, in the case of Federconsumatori and Others against Comune di Milano (Municipality of Milan) and Aem Spa

11

2005/C 019/24

Case C-464/04: Reference for a preliminary ruling by the Tribunale Amministrative Regionale per la Lombardia, Milano, by order of that court of 29 September 2004, in the case of Associazione Azionariato Diffuso dell'AEM and Others against Comune di Milano, and Aem Spa

12

2005/C 019/25

Case C-466/04: Reference for a preliminary ruling by the Tribunal Superior de Justicia de Cantabria, Sala de lo Social, by decision of that court of 1 October 2004 in the case of Manuel Acereda Herrera v Servicio Cántabro de Salud

12

2005/C 019/26

Case C-471/04: Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 14 July 2004 in the case of Finanzamt Offenbach am Main-Land against Keller Holding GmbH

14

2005/C 019/27

Case C-473/04: Reference for a preliminary ruling by the Hof van Cassatie van België by judgment of 22 October 2004 in the case of Plumex v Young Sports N.V.

14

2005/C 019/28

Case C-481/04: Reference for a preliminary ruling by the Bundesverwaltungsgericht by order of that court of 3 August 2004 in the case of Engin Torun against Stadt Augsburg, interested parties: 1. the representative of the national interest before the Bundesverwaltungsgericht, 2. Landesanwaltschaft Bayern.

14

2005/C 019/29

Case C-482/04 P: Appeal brought on 22 November 2004 by SNF S.A.S. against the order made on 6 September 2004 by the Fifth Chamber of the Court of First Instance of the European Communities in case T-213/02 between SNF S.A. and the Commission of the European Communities

15

2005/C 019/30

Case C-483/04: Action brought on 22 November 2004 by the Commission of the European Communities against the Italian Republic

15

2005/C 019/31

Case C-501/04: Action brought on 6 December 2004 by the Commission of the European Communities against the Kingdom of Spain

16

2005/C 019/32

Removal from the register of Case C-177/02

16

2005/C 019/33

Removal from the register of Case C-330/02

17

2005/C 019/34

Removal from the register of Case C-77/03

17

2005/C 019/35

Removal from the register of Case C-257/03

17

2005/C 019/36

Removal from the register of Case C-340/03

17

2005/C 019/37

Removal from the register of Case C-518/03

17

2005/C 019/38

Removal from the register of Case C-62/04

17

2005/C 019/39

Removal from the register of Case C-86/04

17

2005/C 019/40

Removal from the register of Case C-92/04

18

2005/C 019/41

Removal from the register of Case C-230/04

18

COURT OF FIRST INSTANCE

2005/C 019/42

Judgment of the Court of First Instance of 16 December 2004 in Case T-120/01: Carlo De Nicola v European Investment Bank (Staff of the European Investment Bank — Admissibility — Working conditions — Disciplinary procedure — Suspension — Dismissal without notice)

19

2005/C 019/43

Judgment of the Court of First Instance of 18 November 2004 in Case T-176/01: Ferriere Nord SpA v Commission of the European Communities (State aid — Community guidelines on State aid for environmental protection — Steel undertaking — Products coming under the EC Treaty — Approved aid scheme — New aid — Initiation of the formal procedure — Time-limits — Rights of the defence — Legitimate expectation — Statement of reasons — Applicability ratione temporis of the Community guidelines — Environmental objective of the investment)

20

2005/C 019/44

Judgment of the Court of First Instance of 16 December 2004 in Case T-11/02: Spyridon de Athanassios Pappas v Commission of the European Communities (Officials — Retirement — Monthly allowance under Article 50 of the Staff Regulations — Services taken into account in the calculation of the allowance — Employment prior to entry into the service of the Communities — Transfer of pension rights)

20

2005/C 019/45

Judgment of the Court of First Instance of 10 November 2004 in Case T-164/02: Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark ARCOL — Earlier Community word mark CAPOL — Scope of the assessment conducted by the Board of Appeal — Assessment of evidence adduced before the Board of Appeal)

21

2005/C 019/46

Judgment of the Court of First Instance of 9 November 2004 in Joined Cases T-285/02 and T-395/02 Eva Vega Rodríguez v Commission of the European Communities (Officials — Open competition — Multiple-choice questions — Accuracy of the answers in the marking sheet — Judicial scrutiny — Limits)

21

2005/C 019/47

Judgment of the Court of First Instance of 10 November 2004 in Case T-396/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a sweet — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)

22

2005/C 019/48

Judgment of the Court of First Instance of 10 November 2004 in Case T-402/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark representing the form of a twisted wrapper (shape of a sweet wrapper) — Subject-matter of the application — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired though use — Article 7(3) of Regulation (EC) No 40/94 — Right to be heard — Article 73(1) of Regulation (EC) No 40/94 — Examination of the facts by OHIM of its own motion — Article 74(1) of Regulation (EC) No 40/94)

22

2005/C 019/49

Judgment of the Court of First Instance of 9 November 2004 in Case T-116/03 Oresto Montalto v Council of the European Union (Officials — Recruitment — Temporary agent — Vacancy notice — Recruitment procedure)

22

2005/C 019/50

Judgment of the Court of First Instance of 10 November 2004 in Case T-165/03 Eduard Vonier v Commission of the European Communities (Officials — Competition — Non-inclusion on the reserve list — National seminar — Composition of the selection board — Oral test — Private life — Knowledge of languages)

23

2005/C 019/51

Order of the Court of First Instance of 13 July 2004 in Case T-29/03 Communidad Autonóma de Andalucía v Commission of the European Communities (European Anti-Fraud Office (OLAF) — Report relating to the administrative enquiry into the marketing of olive oil in Andalusia (Spain) — Complaint — Inadmissibility)

23

2005/C 019/52

Order of the Court of First Instance of 9 September 2004 in Case T-14/04 Alto da Casablanca SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Representation by a lawyer — Manifest inadmissibility)

24

2005/C 019/53

Order of the President of the Court of First Instance of 7 July 2004 in Case T-37/04 R Região autónoma dos Açores v Council of the European Union (Proceedings for interim relief — Fisheries — Council Regulation (EC) No 1954/2003 — Application for partial suspension and other interim measures — Admissibility — Urgency — Intervention)

24

2005/C 019/54

Case T-350/04: Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

24

2005/C 019/55

Case T-351/04: Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

25

2005/C 019/56

Case T-352/04: Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

26

2005/C 019/57

Case T-398/04: Action brought on 8 October 2004 by Henkel KGaA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

26

2005/C 019/58

Case T-400/04: Action brought on 1 October 2004 by Arch Chemicals, Inc., and Arch Timber Protection Limited against the Commission of the European Communities

27

2005/C 019/59

Case T-401/04: Action brought on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities

28

2005/C 019/60

Case T-402/04: Action brought on 1 October 2004 by Rhodia Consumer Specialties Limited against the Commission of the European communities

28

2005/C 019/61

Case T-403/04: Action brought on 1 October 2004 by Sumitomo Chemical (UK) PLC against the Commission of the European Communities

29

2005/C 019/62

Case T-404/04: Action brought on 1 October 2004 by Troy Chemical Company BV against the Commission of the European Communities

29

2005/C 019/63

Case T-410/04: Action brought on 4 October 2004 by the Italian Republic against the Commission of the European Communities

29

2005/C 019/64

Case T-425/04: Action brought on 13 October 2004 by French Republic against Commission of the European Communities

30

2005/C 019/65

Case T-427/04: Action brought on 13 October 2004 by French Republic against Commission of the European Communities

31

2005/C 019/66

Case T-443/04: Action brought on 5 November 2004 by the Italian Republic against the Commission of the European Communities

32

2005/C 019/67

Case T-446/04: Action brought on 9 November 2004 by the CO-FRUTTA Soc. coop. a r.l. against the Commission of the European Communities

32

2005/C 019/68

Case T-451/04: Action for failure to act brought on 18 November 2004 by Mediocurso – Estabelecimento de Ensino Particular S.A. against the Commission of the European Communities

32

2005/C 019/69

Removal from the Register of Case T-259/99

33

III   Notices

2005/C 019/70

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 6, 8.1.2005

34

EN